Reso 2017-2714 - Laserfiche WebLink

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WHEREAS, on June 7, 2017, the Mayor and City Commission of Miami Beach adopted Resolution No. 2017-29890, approving the contribution of funds, in an amount not to exceed $50,000, to the development of the Regional Hybrid Skatepark/Pumptrack Initiative at Haulover Park; and WHEREAS, it is in the best interest of the Parties to enter into this MOU to support the Skatepark, and to evidence the payment to Sunny Isles Beach of Miami Beach's contribution towards the cost of the Skatepark, in cooperation with the County, Sunny Isles Beach, Surfside, Bal Harbour Village and the Town of Bay Harbor Islands. NOW, THEREFORE, in consideration of the mutual agreements and covenants contained therein and for other good and valuable consideration, the receipt and sufficiency of which hereby are acknowledged, it is mutually agreed and covenanted,under seal, by and between the Parties to this MOU, as follows: 1. Recitals Incorporated. The above recitals are true and correct and incorporated herein by reference. 2. Miami Beach Contribution to Skatepark. Once Sunny Isles Beach provides Miami Beach with written notice that Sunny Isles Beach has executed an agreement with Velosolutions to construct the Skatepark, which notice shall attach an executed copy of such agreement, Miami Beach shall, within ten (10) days of receiving such notice, make payment and disbursement to Sunny Isles Beach in the amount of $50,000.00 (fifty thousand dollars) for the Skatepark Contribution, to be deposited in an account created by Sunny Isles Beach (the "Miami Beach Contribution"). The Miami Beach Contribution shall be used solely for costs in connection with the design and construction of the Skatepark, in coordination with the County and the Participating Municipalities. During the term of this MOU, Sunny Isles Beach agrees to administer, expend, and disburse the Miami Beach Contribution only in furtherance of the design, permitting, construction and other benefits directly related to the Skatepark. Miami Beach agrees that no refunds may be obtained after the purchase of equipment for the Skatepark, unless a refund is provided to the.Sunny Isles Beach by Contractor. In the event of any such refund, Miami Beach shall be entitled to a refund that is proportionate to Miami Beach's contribution to the Skatepark project. Miami Beach further agrees that all funds for the Skatepark must be transferred to Sunny Isles Beach prior to its purchase of equipment for the Skatepark. Miami Beach shall in no event incur any liability under this MOU in excess of the Miami Beach Contribution. 3. Acceptance and Acknowledgement by Sunny Isles Beach. Sunny Isles Beach hereby accepts the Miami Beach Contribution and agrees to utilize said funds consistent with Paragraph 2 above. Sunny Isles Beach shall further accept contributions from the other Participating Municipalities. Each one of the Participating Municipalities shall contribute an amount not to exceed $50,000.00 (fifty thousand dollars) towards the Skatepark. Sunny Isles Beach agrees to contribute the balance of the funds necessary and towards completion of the Skatepark and other facility-related enhancements or features (such as benches, shade features, landscaping and trees, etc.), up to the amount of$150,000 (one hundred and fifty thousand dollars). Upon request, Participating Municipalities shall be provided with copies of any and all Memoranda of Understanding or agreements entered into between Sunny Isles Beach and other municipalities 2